Bankruptcy Law

From the opening of the procedure, it is the debtor's responsibility to provide the liquidator with a list of his creditors and the amount of his debts . Where the debtor has concerned the liquidator with a claim, he is presumed to have acted on behalf of the creditor until such time as the latter has submitted a declaration of his claim in accordance with Article L. 622-24. For this effect to occ …

Creditors mentioned on the list given to the legal representatives

From the opening of the procedure, it is the debtor's responsibility to provide the liquidator with a list of his creditors and the amount of his debts . Where the debtor has concerned the liquidator with a claim, he is presumed to have acted on behalf of the creditor until such time as the latter has submitted a declaration of his claim in accordance with Article L. 622-24. For this effect to occur, the list drawn up by the debtor must mention the identity and amount of the claims in question .

Within fifteen days of the opening judgment, the liquidator notifies known creditors to declare their claims within two months of publication of the opening judgment in the BODACC . The absence of an invitation to declare a claim from the legal representative of a parent company to its subsidiary has no impact on the failure to declare a claim, since the managers of both companies are necessarily aware of the opening of the receivership procedure . The liquidator's notice sets out the legal and regulatory provisions relating to the time-limits and formalities to be observed for the declaration of claims, for the application for relief from foreclosure and for actions for reclamation and restitution . Article R. 622-21(3) of the Commercial Code adds that “[t]his warning also reproduces Articles L. 621-20, R. 621-19, R. 621-24 and D. 814-58-3. Where applicable, the warning provides that the claim has been concerned by the debtor on the list provided for by Article L. 622-6, in accordance with the provisions of the second paragraph of Article R. 622-5”.

A creditor who has failed to declare his claim within the legal time-limit may ask to be relieved of the foreclosure which he has incurred if the debtor has failed to mention his claim, even if the amount is uncertain, when drawing up the list of creditors .

C. com. L. 622-6(2) applicable to the receivership procedure by reference to art. L. 641-1 C. com and art. L. 641-4, al. 4, C. com concerning the liquidator's mission.

Cass. com., 5 September 2018, LawLex202100002906JBJ (RJ).

C. com. R. 622-21(1) applicable to the receivership procedure by reference to art. R. 641-25 C. com.

Cass. com., 27 May 2014, LawLex202100005052JBJ (RJ).

C. com. R. 622-21, para. 3, applicable to the receivership procedure by reference to art. R. 641-25.

Cass. com., 2 February 2022, LawLex202200002086JBJ (LJ).

Bankruptcy Law

733. Creditors mentioned on the list given to the legal representatives

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733. Creditors mentioned on the list given to the legal representatives

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